WP E-Signature by Approve Me - Sign Documents Using WordPress -

Affiliate Program Agreement

Overview of the Affiliate Program

Welcome to the DucktionCups Affiliate Program – an exciting opportunity for individuals and businesses to partner with us and earn commissions by promoting our innovative automotive accessories. Our affiliate program is designed to reward you for helping us spread the word about our high-quality products, such as the DuckDuckDash Board and DucktionCups.

Purpose of the Agreement

The purpose of the affiliate program agreement is to establish the terms and conditions that govern the relationship between the company (the merchant) and the affiliate marketer. This agreement outlines the responsibilities, obligations, and compensation structure for affiliates who promote the company's products or services. It serves as a legally binding contract that defines how commissions are earned, paid, and any rules or guidelines affiliates must follow while promoting the company's offerings. Essentially, the affiliate program agreement sets the framework for a mutually beneficial partnership between the company and its affiliates.

Definitions

Affiliate: An affiliate is an individual or entity that partners with a company to promote and market its products or services in exchange for a commission or referral fee. Affiliates use unique tracking links or codes to refer customers to the company's offerings.

Company: The company refers to the business or organization that owns and operates the products or services being promoted through the affiliate program. It is the entity with which affiliates enter into an agreement to promote and potentially earn commissions for referred sales or leads.

Commission: A commission is a predetermined monetary compensation or percentage of the sale or lead generated by an affiliate's marketing efforts. Affiliates earn commissions for each successful sale or desired action (such as a sign-up or purchase) that results from their referrals.

Product: A product is a tangible or intangible item, service, or offering provided by the company. In the context of an affiliate program, this refers to the goods or services that affiliates promote and for which they can earn commissions when customers make purchases or take specific actions related to these offerings.

Eligibility

Qualifications for becoming an Affiliate

Qualifications based on Tier Structure.
Followers on primary social media profile, see Affiliate Program Page.
Following with the automotive industry, offroad, 4x4, watersport, or vehicle builder communities.
Active weekly content

Application and Approval Process

Application and Approval Process:

Becoming a DucktionCups affiliate is your ticket to turning your passion for Jeeps and automotive accessories into earnings. We've streamlined the application and approval process to make it as straightforward as possible.

Step 1: Application Submission

To get started, simply submit your affiliate application through our online portal. Be sure to provide accurate and complete information, including your primary social media profile details, follower count, and a brief description of your connection to the automotive industry.

Step 2: Review and Qualification

Our team will review your application to ensure it meets our minimum requirements. We're looking for affiliates who have a minimum follower count on their primary social media profile, a strong presence within the automotive industry, and a track record of active, weekly content creation.

Step 3: Approval

Once your application is approved, you'll receive an acceptance notification from our team. Congratulations! You're now an official DucktionCups affiliate.

Step 4: Access to Resources

Upon approval, you'll gain access to a suite of affiliate resources, including your unique tracking links, promotional materials, and guidelines to help you get started.

Step 5: Start Earning

With everything in place, you're ready to start promoting DucktionCups products and earning commissions for every successful referral. It's time to share your love for Jeeps and ducks with your audience and watch your earnings grow!

Compliance with Legal Requirements

Affiliates are expected to adhere to all applicable legal requirements, regulations, and laws while participating in the DucktionCups affiliate program. This includes, but is not limited to, local, state, national, and international laws and regulations relevant to their marketing activities.

Key points regarding compliance with legal requirements:

Truthful and Transparent Marketing: Affiliates must engage in truthful and transparent marketing practices, accurately representing DucktionCups' products and services. Misleading or deceptive advertising is strictly prohibited.
Privacy Regulations: Affiliates should respect user privacy and comply with data protection laws, including obtaining necessary consents for data collection and usage.
Endorsement and Testimonials: When using endorsements, testimonials, or user-generated content, affiliates must ensure compliance with applicable advertising and disclosure guidelines, including the Federal Trade Commission (FTC) guidelines in the United States.
Intellectual Property Rights: Affiliates are expected to respect the intellectual property rights of DucktionCups, including trademarks, copyrights, and proprietary materials. Unauthorized use or infringement of these rights is prohibited.
Anti-Spam Regulations: Affiliates should adhere to anti-spam laws and regulations, such as the CAN-SPAM Act in the United States, when conducting email marketing campaigns.
Tax Compliance: Affiliates are responsible for their tax obligations arising from commissions earned through the affiliate program. DucktionCups may require affiliates to provide necessary tax information for reporting purposes.
Local Regulations: Affiliates should be aware of and comply with any local regulations or industry-specific standards that may apply to their marketing activities.

Compliance with legal requirements is not only a contractual obligation but also a fundamental ethical and legal responsibility. DucktionCups expects all affiliates to conduct their promotional activities in a lawful and ethical manner, promoting the brand's integrity and reputation while adhering to all relevant legal and regulatory standards. Failure to comply with legal requirements may result in the termination of the affiliate partnership.

Program Terms

Commission Structure

Our commission structure is designed to generously reward affiliates for their dedication to promoting DucktionCups products. Here's how it works:

Standard Commission Rate: Affiliates will begin with a competitive 12% commission rate for each sale generated through their unique affiliate tracking links.
Performance-Based Tiers: We offer a tiered commission structure that allows affiliates to earn even higher commissions as they achieve specific sales or referral milestones. The more successful referrals you make, the more you can earn. As your sales performance grows, you can unlock higher commission rates, potentially reaching up to a maximum of 22% .
- Tier 1: 12% - minimum of 1 sale per month
- Tier 2: 14% - Minimum of 5 Sales per month
- Tier 3: 16% - Minimum of 10 Sales per month
- Tier 4: 18% - Minimum of 20 Sales per month
- Tier 5: 22% - Minimum of 35 Sales per month

Payment Schedule

At DucktionCups, we want to ensure that our affiliates receive their earnings consistently and reliably. Here's how our payout schedule works with a 30-day delay:

Payout Frequency: Affiliate commissions are paid out on a monthly basis.
Payout Date: Payments for commissions earned in a specific month will be processed at the end of the following month, accounting for a 30-day delay.
Payment Delivery: To give you a specific example, if you've earned commissions for the month of July, those earnings will be processed at the end of August, and you can expect to receive your payment by the 5th of September.

We understand the importance of regular and predictable payouts, and our 30-day delay ensures that you receive your well-deserved earnings in a consistent manner. If you have any further questions or need additional information about the payout process, please don't hesitate to reach out to our affiliate support team for assistance.

Cookie Duration

At DucktionCups, we employ first-party cookies to track affiliate referrals. These cookies are stored in the user's browser to monitor their activity and attribute sales to the appropriate affiliates.

Our cookie duration is set at 14 days. This means that when a user clicks on your unique affiliate tracking link, the first-party cookie will remain in their browser for a period of 14 days. If the referred user makes a purchase within this time frame, you will receive credit for that sale, and you'll earn a commission.

Please keep in mind that while we strive to provide a 14-day tracking period, users have the ability to clear or delete cookies from their browser settings. Therefore, it's important to note that the 14-day tracking may not be guaranteed if users choose to clear their cookies.

Our use of first-party cookies ensures accurate tracking of affiliate referrals, and we are committed to providing a fair and transparent system for our affiliates. If you have any questions or require further information regarding our tracking methods, please don't hesitate to reach out to our affiliate technical support team for assistance.

Termination Clause

Either party may terminate this affiliate agreement with written notice. Termination may occur for various reasons, including but not limited to violations of DucktionCups' policies and procedures, brand identity misuse, fraudulent activities, or illegal actions. In the event of termination for any such violation, pending commissions and outstanding payments will not be processed.

Notice Period: To terminate this agreement, either party must provide a written notice of termination at least 14 days in advance.
Policy and Procedure Violations: In addition to the specified reasons, if the affiliate is found to be in violation of any of DucktionCups' policies and procedures, payouts will not be processed.

Upon termination:

The affiliate must immediately cease all marketing and promotional activities related to DucktionCups' products or services.
The affiliate will no longer be eligible to earn commissions on referred sales or leads.
Any use of DucktionCups' trademarks, logos, or promotional materials must cease, and all intellectual property rights granted to the affiliate under this agreement will be terminated.

Our aim is to ensure a clear and transparent termination process while maintaining the integrity of the affiliate program. For any questions or further clarification regarding the termination process, please contact our affiliate support team.

Modification of Terms

DucktionCups reserves the right to modify the terms and conditions of this affiliate agreement at its discretion. Any updates or changes to the agreement will be communicated electronically to affiliates. This electronic notification may include emails or notifications within the affiliate dashboard.

Affiliates are responsible for regularly reviewing these modifications. Continued participation in the affiliate program after the effective date of any changes implies acceptance of the modified terms. If an affiliate disagrees with any revised terms, they may choose to terminate the agreement in accordance with the termination clause.

Our commitment is to keep affiliates informed of any updates to ensure transparency and clarity in the affiliate partnership. If you have any questions regarding modified terms or require further information, please feel free to reach out to our affiliate support team for assistance.

Affiliate Responsibilities

Compliance with FTC Guidelines

Affiliates partnering with DucktionCups are required to comply with the Federal Trade Commission (FTC) guidelines, specifically concerning the disclosure of their affiliate relationship when promoting DucktionCups' products and services. Transparency and honesty are essential aspects of ethical affiliate marketing. Here's what this requirement entails:

Clear Disclosure: Affiliates must clearly and conspicuously disclose their affiliate relationship with DucktionCups whenever they promote or endorse products or services provided by DucktionCups. This disclosure should be easily noticeable and understandable to the audience.
Affiliate Relationship Statement: The disclosure should include a clear and straightforward statement that conveys the affiliate's connection with DucktionCups. Phrases such as "This post contains affiliate links," "I may earn a commission if you make a purchase," or similar statements are commonly used.
Placement of Disclosure: The disclosure should be placed where it is readily visible to readers or viewers, preferably before or near any affiliate links or promotional content. It should not be buried in the fine print.
Consistency: Affiliates should ensure consistent and accurate disclosure across all promotional channels, including websites, blogs, social media, email marketing, videos, and any other marketing materials.
Educational Efforts: It is the responsibility of affiliates to stay informed about and educated on FTC guidelines related to affiliate marketing. This includes understanding when and how to disclose their affiliate status.

Compliance with FTC guidelines not only promotes transparency and trustworthiness but also helps affiliates build credibility with their audience. Failing to disclose an affiliate relationship can result in penalties and harm to the affiliate's reputation. DucktionCups expects affiliates to adhere to these guidelines and conduct their promotional activities ethically and in accordance with applicable regulations.

Promotion Guidelines

As affiliates, it is crucial to adhere to specific guidelines and restrictions when promoting DucktionCups' products and services. These guidelines are designed to maintain the integrity of our brand and ensure ethical and responsible marketing practices. Here are some key points regarding these restrictions:

Prohibited Content: Affiliates are prohibited from creating, publishing, or promoting content that is unlawful, deceptive, offensive, or infringes upon the rights of others. This includes content that promotes hate speech, discrimination, violence, or any illegal activities.

Trademark Usage: Affiliates must respect DucktionCups' trademark rights and refrain from using the company's trademarks, logos, or brand assets in any way that implies endorsement, affiliation, or ownership unless explicitly permitted in writing.

Misleading Claims: Affiliates are not allowed to make false, misleading, or unsubstantiated claims about DucktionCups' products or services. All statements and representations must be accurate and supported by verifiable evidence.

Spam and Unsolicited Communication: Affiliates should not engage in spammy or unsolicited communication methods, including email spam or other forms of intrusive marketing. All email marketing campaigns must comply with anti-spam laws and include clear opt-out mechanisms.

Compliance with Advertising Laws: Affiliates are expected to comply with all applicable advertising and marketing laws, including the Federal Trade Commission (FTC) guidelines. This includes transparent disclosure of affiliate relationships and endorsements.

Ethical Marketing: Ethical marketing practices are paramount. Affiliates should avoid tactics such as fake reviews, bait-and-switch, or any other practices that may harm the trust and reputation of DucktionCups.

Respect for Intellectual Property: Affiliates must not infringe upon the intellectual property rights of third parties when creating promotional content. This includes respecting copyright and trademark laws.

Compliance with Platform Policies: When using third-party platforms (e.g., social media), affiliates must adhere to the platform's terms of service and community guidelines.

Promotion in Compliance with Local Laws: Affiliates should consider and comply with local laws and regulations that may apply to their marketing activities, including international jurisdictions.

Use of Affiliate Tracking Links: When using affiliate tracking links, affiliates should ensure their proper use and not engage in link manipulation or fraudulent activities.

Understanding and adhering to these restrictions on promotional methods is vital for maintaining a positive affiliate partnership with DucktionCups. Failure to comply with these guidelines may result in the termination of the affiliate relationship, so it's essential to promote our products and services responsibly and ethically.

Use of Brand Assets

Affiliates partnering with DucktionCups must adhere to specific guidelines when using the company's logos and trademarks. It's important to note that DucktionCups is not associated with, nor is it licensed by FCA, USA, Jeep, or Mopar. Therefore, affiliates should follow these rules:

Respect Intellectual Property Rights: Affiliates must respect DucktionCups' intellectual property rights, including trademarks, logos, and other proprietary materials. Unauthorized use, modification, or reproduction of these assets is strictly prohibited.

No Affiliation Claims: Affiliates should not make any claims or representations that suggest an official affiliation, endorsement, or sponsorship by DucktionCups with FCA, USA, Jeep, or Mopar. This includes avoiding language or visuals that could create confusion regarding the company's relationship with these entities.

Authorized Usage: Affiliates may use approved DucktionCups logos and trademarks for promotional purposes related to DucktionCups' products and services only. Any use outside of this scope is not permitted.

Proper Attribution: When using DucktionCups logos and trademarks, affiliates should provide proper attribution indicating that these assets belong to DucktionCups. This helps clarify ownership and prevents misrepresentation.

Consistent Branding: Affiliates should use DucktionCups' logos and trademarks in a consistent and accurate manner, adhering to the provided style guidelines and specifications.

No Derivative Works: Affiliates are not allowed to create derivative works based on DucktionCups' logos or trademarks, including altering or distorting these assets in any way.

Prior Approval: Any use of DucktionCups' logos or trademarks in unique or special circumstances, not covered by these guidelines, should be sought with prior written approval from DucktionCups.

Monitoring and Enforcement: DucktionCups actively monitors the use of its brand assets and takes appropriate actions to address any unauthorized or improper usage.

Affiliates should understand that adherence to these rules is essential for maintaining the integrity of DucktionCups' brand and trademarks. Failure to comply with these guidelines may result in the termination of the affiliate partnership. It's important to promote our products while respecting intellectual property rights and avoiding any misrepresentation.

Content Quality

Affiliates are expected to uphold a standard of excellence when creating and sharing content related to DucktionCups' products and services. Maintaining high-quality and accurate content is crucial for the success of our affiliate program. Here are the key expectations:

Accuracy and Truthfulness: All content created and shared by affiliates should be accurate, truthful, and based on reliable information. Avoid spreading false or misleading information about DucktionCups' products and services.

Relevance: Content should be relevant to the products or services being promoted. Affiliates should align their content with the audience's interests and DucktionCups' offerings. Quack.

Clear and Informative: Content should be clear, informative, and easy to understand. It should provide value to the audience by offering insights, product details, and relevant information. Ducks Love Grapes.

Professionalism: Affiliates are expected to maintain a professional tone and image in their content. Avoid offensive language, inappropriate images, or any content that may harm DucktionCups' brand reputation. Be as professional as any Business Duck would be.

Visual Appeal: Visual content, such as images and videos, should be of high quality and visually appealing. Poorly presented visuals can detract from the overall message and impact.

Grammar and Spelling: Written content should be free from grammatical errors and spelling mistakes. Proper grammar and spelling enhance the professionalism and credibility of the content. Quacks and Duck lingo is allowed, and expected. Quack.

Originality: Affiliates should create original content or properly attribute and seek permission for any third-party content used. Plagiarism and copyright infringement are strictly prohibited.

Customer Experience: Content should contribute positively to the overall customer experience. It should answer questions, address concerns, and guide users effectively.

Compliance with Regulations: Affiliates should ensure that their content complies with all applicable laws and regulations, including advertising and marketing standards and data privacy laws.

Monitoring and Improvement: Continuously monitor the performance of your content and seek ways to improve it. Adjust your content strategy based on audience feedback and data analytics.

Maintaining high-quality and accurate content not only enhances the affiliate's credibility but also reflects positively on DucktionCups' brand. It ensures that customers receive valuable and trustworthy information, ultimately contributing to the success of our affiliate program.

Reporting and Tracking

Effective tracking and reporting are essential elements of the affiliate partnership with DucktionCups. To accurately monitor referrals and commission earnings, affiliates are required to use the tracking links provided by DucktionCups. Here's why this requirement is crucial:

Accurate Attribution: The provided tracking links are uniquely coded to each affiliate, allowing DucktionCups to attribute referrals and sales to the correct affiliate. This ensures that affiliates receive proper credit for their marketing efforts.

Earnings Transparency: Using tracking links provides transparency in tracking commissions. Affiliates can easily view their referral activity, conversions, and earnings through the affiliate dashboard, promoting trust and accountability.

Performance Evaluation: Tracking links enable affiliates to assess the performance of their promotional activities. By analyzing the data from these links, affiliates can make informed decisions to optimize their marketing strategies.

Commission Payouts: Accurate tracking links are directly linked to commission payouts. Using the provided tracking links guarantees that commissions are calculated correctly, and affiliates receive their earnings promptly.

Prevention of Disputes: By using tracking links, potential disputes related to commission attribution are minimized. Affiliates can rely on the tracking system's accuracy as evidence of their referrals.

Compliance: Adherence to this requirement ensures that the affiliate program operates smoothly and in accordance with agreed-upon terms. It also aligns with the principles of transparency and fairness.

Affiliates should make it a standard practice to incorporate provided tracking links into their promotional materials, whether it's for website links, social media posts, emails, or other marketing channels. This simple yet crucial step helps maintain the integrity of the affiliate program and ensures that affiliates are fairly compensated for their contributions.

Ethical Behavior

Affiliates are expected to uphold the highest standards of ethical behavior and adhere to all applicable laws and regulations while participating in the DucktionCups affiliate program. Ethical conduct is fundamental to the integrity and reputation of both affiliates and DucktionCups. Here are the key expectations:

Honesty and Transparency: Affiliates should always be honest and transparent in their marketing and promotional efforts. Avoid any form of deception, misleading claims, or misrepresentation of DucktionCups' products and services.

Respect for Customers: Treat customers and potential clients with respect and professionalism. Address their questions and concerns promptly and courteously.

Compliance with Laws: Affiliates must comply with all local, national, and international laws and regulations governing their marketing activities. This includes, but is not limited to, advertising laws, privacy regulations, and intellectual property rights.

Respect for Brand: Affiliates should respect and uphold the reputation and brand image of DucktionCups. Avoid engaging in any activity that could harm or tarnish the company's name or goodwill.

No Unethical Tactics: Unethical tactics, such as spamming, black-hat SEO practices, or any other manipulative methods, are strictly prohibited.

Confidentiality: Affiliates must respect the confidentiality of any proprietary information provided by DucktionCups. This includes program details, strategies, and any sensitive data.

Competitive Fairness: Affiliates should compete fairly and not engage in actions that unfairly disadvantage other affiliates or businesses.

Anti-Discrimination: Affiliates should not engage in any form of discrimination based on race, gender, religion, nationality, or any other protected characteristic.

Responsible Data Handling: If affiliates collect or handle user data, they should do so responsibly and in compliance with data protection laws.

Ethical Content: Content should align with ethical standards and not promote hate speech, violence, or harmful ideologies.

Affiliates are encouraged to familiarize themselves with the specific ethical and legal requirements in their jurisdictions and industries. By demonstrating ethical behavior and conducting themselves in a lawful and responsible manner, affiliates contribute to a positive and trustworthy affiliate program environment that benefits both DucktionCups and their own success.

Company Responsibilities

Tracking and Reporting

One of our primary responsibilities as the Company is to provide our affiliates with the necessary tools and resources for effective tracking and reporting of affiliate activity. We understand that transparency and accountability are crucial in maintaining a successful affiliate partnership.

Here's how we fulfill this responsibility:

Affiliate Dashboard: We offer a user-friendly affiliate dashboard where affiliates can access real-time data and insights into their referral activities. This dashboard provides a comprehensive overview of clicks, conversions, commissions earned, and more.
Unique Tracking Links: Each affiliate is provided with unique tracking links or codes that are attributed to their account. These links are used to identify and record referral traffic and ensure accurate commission tracking.
Conversion Tracking: We implement reliable conversion tracking mechanisms to monitor and record successful sales or leads generated through affiliate referrals. This data is crucial for calculating and disbursing commissions accurately.
Custom Reporting: Our affiliate dashboard often includes customizable reporting features that allow affiliates to filter and analyze data based on specific criteria, such as date ranges, product categories, or referral sources.
Timely Reporting: We aim to provide up-to-date reporting, ensuring that affiliates have access to the most current information on their referral performance.
Support and Assistance: Our affiliate technical support team is readily available to assist affiliates with any tracking and reporting inquiries or issues. We are committed to resolving any concerns promptly.

By offering these tracking and reporting tools, we empower our affiliates to monitor their performance, assess the effectiveness of their marketing efforts, and ultimately maximize their earning potential. We value the trust our affiliates place in us and strive to provide them with the resources they need for a successful partnership.

Support and Communication

At DucktionCups, we understand that ongoing support and effective communication are essential components of a successful affiliate program. Our commitment is to foster a collaborative and mutually beneficial relationship with our affiliates by providing the following:

Dedicated Support Team: We maintain a dedicated affiliate support team that is readily available to assist affiliates with their inquiries, concerns, and requests. Our team is here to offer guidance, answer questions, and provide solutions to any challenges that may arise.
Regular Updates: We believe in keeping our affiliates informed and up-to-date. We provide regular updates on program developments, product launches, promotional opportunities, and any changes to the affiliate agreement or commission structure. These updates are typically delivered through email communications or notifications within the affiliate dashboard.
Transparent Communication: We prioritize transparency in our communication. Affiliates can expect clear and concise information regarding their performance, commissions earned, and any relevant program policies or guidelines.
Educational Resources: To support affiliate success, we may offer educational resources such as training materials, marketing tips, and best practices. These resources are designed to help affiliates optimize their promotional efforts.
Feedback and Collaboration: We value the input of our affiliates and encourage open communication. Affiliates are welcome to share their feedback, suggestions, and ideas for program improvement. We believe in a collaborative approach that benefits both parties.
Prompt Issue Resolution: In the event of any technical issues, disputes, or concerns, we are committed to prompt issue resolution. Our goal is to ensure that affiliates have a smooth and productive experience as part of our program.

By providing robust support and maintaining open lines of communication, we aim to empower our affiliates to thrive in their affiliate marketing efforts. Our success is intertwined with our affiliates, and we are dedicated to fostering a positive and productive affiliate partnership.

Commissions

Timely Payouts: Commissions are paid out on a regular schedule, typically monthly, to ensure that you receive your earnings promptly for your successful referrals.

Transparent Reporting: You'll have access to a user-friendly dashboard or reporting system where you can monitor your referral activities, track your commissions, and witness your earnings increase in real-time.

Promotion and Marketing

Marketing Materials

Please download our FY23 Media Kit

Affiliate Links

Creating and using affiliate tracking links is a fundamental aspect of your role as an affiliate partner with DucktionCups. These links are essential for tracking referrals and ensuring you receive credit for sales and leads generated through your promotional efforts. Here's a simplified guide on how to work with affiliate tracking links:

Receiving Your Tracking Code: DucktionCups will provide you with a unique affiliate tracking code. This code is specific to your account and serves as a key identifier for tracking your referrals.

Generating Tracking Links: To create affiliate tracking links, you can simply append your unique tracking code to the end of any relevant URL on DucktionCups' website. This is typically done by adding a specific parameter or query string to the URL.

Example: If you have the tracking code "AFF123," you can create a tracking link by adding "?aff=AFF123" to the end of a product page URL.

Using Shortlinks: DucktionCups may also provide you with shortlinks, which are more user-friendly and easier to share. Shortlinks often redirect to the longer tracking link with your unique code automatically embedded.

Example: If you have the affiliate shortlink, it contains no query parameters. "https://ducktionscups.com/brandy"

Sharing Tracking Links: Once you've created your tracking links or obtained shortlinks, you can share them through various marketing channels, such as your website, blog, social media, email campaigns, or other promotional materials.

Tracking and Earnings: As users click on your tracking links and make purchases or sign up for services, the tracking system records these actions and associates them with your affiliate account. You can monitor your earnings, conversions, and performance through the affiliate dashboard.

By effectively creating and using affiliate tracking links, you'll ensure that your efforts are accurately tracked, and you receive commissions for the referrals you generate. These links are a crucial tool for measuring the success of your affiliate marketing activities and maximizing your earnings as part of our affiliate program.

Review Process

DucktionCups does not require prior approval for social media content or digital publishing. Please, however, reach out for any public events, trade shows, or in-person brand promotion.

This means that affiliates are not obligated to seek approval from DucktionCups before posting or publishing digital content related to DucktionCups' products or services on their social media accounts or digital platforms. Affiliates have the flexibility to create and share content in these channels without waiting for pre-approval.

However, it's important to note that while social media and digital publishing may not require prior approval, affiliates are still expected to adhere to the affiliate program's guidelines, ethical standards, and legal requirements, as outlined in the agreement. This includes maintaining accuracy, transparency, and ethical behavior in their content.

The absence of prior approval for social media and digital content allows affiliates to have more agility in their promotional efforts in these channels, making it easier to engage with their audience in real-time and respond to market trends and opportunities promptly.

Dispute Resolution

In the event of any disputes or disagreements between affiliates and DucktionCups, we have established a structured and fair dispute resolution process. This process is designed to provide a clear framework for addressing and resolving issues promptly and amicably. Here are the key components:

Initial Communication: The first step in dispute resolution is open and direct communication. Affiliates are encouraged to reach out to our affiliate support team to discuss their concerns, provide details of the dispute, and seek clarification or resolution.

Escalation to Management: If the issue remains unresolved after initial communication, it may be escalated to higher levels of management within DucktionCups. This ensures that more experienced personnel can assess the situation and work towards a solution.

Mediation: In some cases, mediation may be employed to facilitate discussions between the parties involved. Mediation is a voluntary and cooperative process aimed at finding mutually agreeable solutions.

Arbitration or Legal Action: If all other avenues fail to resolve the dispute, the parties may choose to pursue arbitration or legal action as specified in the agreement. The affiliate agreement typically outlines the specific procedures and jurisdictions for such actions.

This dispute resolution process is intended to provide a structured and fair mechanism for addressing issues that may arise during the course of the affiliate partnership. Our goal is to ensure that disputes are handled efficiently and with the best interests of both parties in mind, promoting a positive and cooperative affiliate program experience.

Confidentiality

Non-Disclosure of Program Details: As an affiliate partnering with DucktionCups, you acknowledge and agree to treat all program details, information, and materials provided to you as confidential. This includes, but is not limited to, marketing strategies, promotional materials, sales data, commission structures, and any other proprietary information related to DucktionCups' business operations and affiliate program.

Use of Confidential Information: You agree not to use, disclose, or disseminate any confidential information obtained through your participation in the affiliate program for any purpose other than the promotion of DucktionCups' products and services as outlined in this agreement. This obligation extends to the protection of DucktionCups' intellectual property rights, including trademarks, trade secrets, and copyrighted materials.

Duty of Care: You shall exercise due diligence and take all reasonable steps to safeguard the confidentiality of the information provided by DucktionCups. This duty of care includes implementing adequate security measures to prevent unauthorized access or disclosure.

Survival of Confidentiality Obligations: It is important to note that your obligation to maintain the confidentiality of program details and information shall survive the termination of this affiliate agreement. Even after the conclusion of the partnership, you are bound by the duty to protect the confidentiality of DucktionCups' proprietary information.

Legal Consequences of Breach: Any breach of this confidentiality obligation may result in legal action, including but not limited to injunctive relief and monetary damages, as well as termination of your affiliate status.

This confidentiality clause underscores the importance of safeguarding sensitive program information and respecting DucktionCups' proprietary rights. It serves to protect the interests of both parties while fostering a trusted and secure affiliate partnership.

Miscellaneous

Governing Law

This affiliate agreement shall be governed by and construed in accordance with the laws of the state of Florida, United States. Any disputes, claims, or legal matters arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts located within the state of Florida.

By participating in our affiliate program and entering into this agreement, both parties acknowledge and consent to the application of the laws of the state of Florida as the governing law for all matters concerning this agreement. This choice of jurisdiction ensures a clear and consistent legal framework for the interpretation and enforcement of the terms and obligations outlined in this agreement.

Entire Agreement

This affiliate agreement constitutes the entire understanding and agreement between DucktionCups and the affiliate. It supersedes all prior or contemporaneous communications, whether oral or written, relating to the subject matter of this agreement. No modification, amendment, or alteration of this agreement shall be valid unless made in writing and signed by both parties.

By participating in our affiliate program and accepting the terms of this agreement, both parties acknowledge that this document represents the full and complete understanding of their rights, obligations, and responsibilities. Any previous discussions, negotiations, or representations not explicitly included in this agreement are hereby deemed null and void. This provision ensures clarity, transparency, and legal enforceability in the interpretation and execution of the affiliate partnership.

Severability

In the event that any provision of this affiliate agreement is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions contained herein. The remaining provisions of this agreement shall continue to be in full force and effect, and the parties shall make good faith efforts to replace the invalid or unenforceable provision with a valid and enforceable one that achieves the same or similar economic and legal effect.

This severability clause is included to ensure that if any portion of the agreement is found to be unenforceable, it does not render the entire agreement void. Instead, the remaining provisions remain in effect, preserving the overall intent and purpose of the agreement while addressing any legal issues that may arise.

Survival

Certain provisions of this affiliate agreement shall survive termination, ensuring their continued applicability beyond the conclusion of the agreement. The following clauses shall remain in effect after termination:

Use of Brand Assets: The obligations and restrictions related to the use of DucktionCups' brand assets, including logos, images, and content, shall continue to be binding upon the affiliate even after termination. The affiliate shall refrain from any unauthorized use or misrepresentation of the brand identity.

Confidentiality: The duty to maintain the confidentiality of any information received from DucktionCups in connection with this agreement shall persist after termination. Both parties shall continue to uphold their obligations regarding the protection of confidential information.

Dispute Resolution: Any disputes, claims, or legal matters arising from or related to this agreement, as stipulated under the dispute resolution clause, shall remain subject to the agreed-upon dispute resolution procedures even after the termination of this agreement.

These survival clauses are included to ensure that certain critical aspects of the affiliate relationship, such as brand protection, confidentiality, and dispute resolution, continue to be binding and enforceable beyond the termination of the agreement.

Program Revision Date: September 28, 2023

Program Contact Information

Ducktion Cups Affiliate Program Support

Lisa Doroba

affiliate.support@ducktioncups.com

Ducktion Cups Technical Support

AJ Seelund

support@ducktioncups.com

Agreement Acceptance

By participating in the DucktionCups affiliate program, affiliates acknowledge that they have read, understood, and agreed to abide by the terms and conditions outlined in this affiliate agreement. This acceptance serves as a binding agreement between the affiliate and DucktionCups, establishing the terms of the affiliate partnership.

Printed Name:

Signed:

Leave this empty:

Your legal name

Your email address

Please Confirm full name and signature.

Draw Signature
Type In Signature

Draw your signature with your mouse, tablet or smartphone Clear

I agree that I am and I agree this is a legal representation of my signature for all purposes just the same as a pen-and-paper signature

I agree that I am and I understand this is a legal representation of my signature

Adopt & Sign

Timestamp

Audit

September 28, 2023 7:10 pm EDT

Affiliate Program Agreement Uploaded by AJ Seelund - aj@ducktioncups.com IP 71.214.7.32